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Burks v. Kaiser Foundation Health Plan Inc.
Kaiser's arbitration provision is unenforceable where arbitration disclosure is not 'prominently displayed' on its enrollment form. 		Contracts Mar. 7, 2008
Real Estate Analytics LLC v. Vallas
Specific performance is proper remedy for owner's breach of real estate contract to sell unique mobilehome property with great investment potential. 		Contracts Feb. 26, 2008
Preston v. Ferrer
Where parties have agreed to arbitrate contractual disputes, Federal Arbitration Act supersedes state laws concerning primary jurisdiction. 		Contracts Feb. 20, 2008
Titan Electric Corp. v. Los Angeles Unified School District
School district's consent to substitution of subcontractor is valid where substitution procedure complied in substance with reasonable objective of statute. 		Contracts Feb. 20, 2008
Exarhos v. Exharhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into. 		Contracts Feb. 13, 2008
Alliant Insurance Services Inc. v. Gaddy
Preliminary injunction prohibiting defendant from carrying on competing business within California is appropriate. 		Contracts Feb. 11, 2008
S&S Cummins Corp. v. West Bay Builders Inc.
Penalty charge for contractor’s wrongful refusal to release retention payment is applied annually and ceases accruing upon entry of judgment. 		Contracts Feb. 4, 2008
Baker v. Osborne Development Corp.
Builder cannot compel arbitration of construction defect claim where unconscionable agreement is presented to home buyers in builder's application for warranty. 		Contracts Feb. 1, 2008
Marathon Entertainment Inc. v. Blasi
Personal manager who procures employment without talent agency license may still recover commission if genuine dispute exists over contract's severable portions. 		Contracts Jan. 29, 2008
Newcal Industries Inc. v. Ikon Office Solution
To state valid claim under Sherman Act, plaintiff must allege both that "relevant market" exists and defendant has power within that market. 		Contracts Jan. 24, 2008
Lowden v. T-Mobile USA Inc.
Arbitration provision is found to be substantively unconscionable and unenforceable, and there is no federal preemption under Federal Arbitration Act. 		Contracts Jan. 23, 2008
Murray's Iron Works Inc. v. Boyce
Customer’s wrongful withholding of portion of final payment, as opposed to ‘progress payment,’ does not entitle contractor to penalties and attorney fees. 		Contracts Jan. 17, 2008
Exarhos v. Exarhos
Decedent's successor in interest may be held liable for contractual attorney fees in action he commenced on contract that decedent had entered into. 		Contracts Jan. 11, 2008
Warfield v. Summerville Senior Living Inc.
Assisted living facility cannot bind dementia patient to arbitration agreement based on husband's signature without evidence of agency relationship. 		Contracts Dec. 27, 2007
Mitchell Land and Improvement Co. v. Ristorante Ferrantelli Inc.
Civil Code Section 1717 precludes award of attorney fees where plaintiff voluntarily dismisses unlawful detainer action sounding in contract. 		Contracts Dec. 27, 2007
Willdan v. Sialic Contractors Corp.
General contractor must indemnify roadway designer where latent defects for which it is partially liable are expressly excluded by settlement with city. 		Contracts Dec. 20, 2007
Bill Signs Trucking LLC v. Signs Family LP
Conveyance of interest between co-partners in family limited partnership that owns property does not trigger tenant's preemptive purchase rights under commercial lease. 		Contracts Dec. 19, 2007
Casella v. SouthWest Dealer Services Inc.
Because tort claims do not ‘enforce’ contractual agreements, employee may not recover prevailing party attorney fees pursuant to employment agreement for tort claims. 		Contracts Dec. 13, 2007
Mitri v. Arnel Management Co.
Although company handbook states that employees must sign arbitration agreement, unless employer produces signed agreement, its motion to compel arbitration is properly denied. 		Contracts Dec. 13, 2007
Nguyen v. Tran
Cooperating brokers can compel arbitration of buyer's claims against principal, but not listing brokers who never agreed to clause in purchase agreement. 		Contracts Dec. 10, 2007
Titolo v. Cano
Arbitration agreement covering disputes involving provision of ‘medical services’ encompasses allegedly improper or unauthorized communication between doctor and patient’s disability insurer. 		Contracts Nov. 29, 2007
Elias Real Estate LLC v. Tseng
Statute of frauds bars real property sale where purchase agreement signed by tenant in common is outside partnership's ordinary course of business. 		Contracts Oct. 25, 2007
Chiba v. Greenwald
In case involving 'Marvin' agreement, trial court did not err in declining to sever unlawful portion of agreement regarding Talent Agencies Act. 		Contracts Oct. 16, 2007
Thompson Pacific Construction Inc. v. City of Sunnyvale
In case involving construction contract, penalty imposed under Subletting and Subcontracting Fair Practices Act is stricken. 		Contracts Sep. 23, 2007
Welles v. Turner Entertainment Co.
Summary judgment without examination of extrinsic evidence is inappropriate where contracts have ambiguous language with regard to unanticipated future situations. 		Contracts Sep. 11, 2007
Frontier Oil Corp. v. RLI Insurance Co.
Under California law, insurance company promised to defend claims for damages arising from oil operations in Beverly Hills. 		Contracts Sep. 6, 2007
BEGL Construction Co. v. Los Angeles Unified School District
Lost profits damages is properly awarded to construction company in contract dispute with LAUSD. 		Contracts Aug. 30, 2007
Shroyer v. New Cingular Wireless Services Inc.
Federal Arbitration Act does not preempt invalidation of unconscionable arbitration waiver barring class action claims in Cingular's contract for cellular phone services. 		Contracts Aug. 20, 2007
Opp v. St. Paul Fire & Marine Insurance Co.
Business and Professions Code Section 7031 bars suit by unlicensed corporation to recover on payment bond. 		Contracts Aug. 15, 2007
Emmert Industrial Corp. v. Artisan Associates Inc.
Research and operation costs are directly related to 'transportation' of press components and are subject to 18-month limitations period under ICCTA. 		Contracts Aug. 13, 2007
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